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  • Trump hush money case: What is an indictment? An arraignment? A gag order?

    Trump hush money case: What is an indictment? An arraignment? A gag order?

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    April 3 (Reuters) – Former U.S. President Donald Trump is scheduled to be arraigned at a Manhattan courthouse on Tuesday following his indictment on criminal charges after a probe into hush money paid to a porn star.

    Below is an explanation of what it means to be indicted and arraigned, and other key terms related to Trump’s case.

    INDICTMENT

    An indictment is a court document containing charges that were voted on by a grand jury, a group of people who decide whether a prosecutor has enough evidence to pursue criminal charges.

    An indictment formally charges a defendant with a crime and provides a basis for legal prosecution.

    Following an indictment, a defendant is given formal notice of the charges, a right enshrined in the Fifth Amendment of the U.S. Constitution.

    A defendant can then be formally arraigned on whatever charges are brought. Law enforcement officials fingerprint and photograph most defendants facing arraignments.

    ARRAIGNMENT

    An arraignment is where a defendant is brought to court to hear charges and have a chance to enter a plea, which is generally guilty or not guilty.

    A judge or prosecutor typically reads the charges aloud. A defendant is usually represented by lawyers, especially in cases that are high-profile or could lead to jail or prison.

    If a defendant pleads not guilty, a judge will typically accept the plea and schedule the next court appearance, and perhaps a tentative trial date.

    If a defendant pleads guilty, the judge will impose punishment, typically at a later date.

    Trump’s lawyers have said he will plead not guilty on Tuesday.

    Lawyers for some defendants who plead not guilty may engage in plea bargaining, where they negotiate a guilty plea with prosecutors to avoid a trial. Defendants would typically plead guilty to some but not all charges they face.

    BAIL

    Judges in New York state criminal court have three options for bail: They can set bail, order a defendant released without bail, or order a defendant’s detention.

    The purpose of bail in New York is to ensure that a defendant returns to court, without taking into account the risk a defendant may cause further harm. In 2019, New York ended cash bail for most cases involving misdemeanors and nonviolent felonies, such as Trump’s case.

    GAG ORDER

    A gag order is when a judge prohibits lawyers, parties and witnesses from talking about a case in public.

    Gag orders are common in criminal cases. That is especially true when there is a risk that someone may make statements that could incite violence, be viewed as threatening to prosecutors or witnesses, or taint the jury pool.

    A defendant who violates a gag order in New York can be held by a judge to be in criminal contempt, a misdemeanor punishable by up to one year in jail. A judge will typically warn a defendant before issuing a contempt citation.

    If a gag order is imposed against Trump, he can appeal and argue that it undermines his First Amendment right to free speech as he runs for president.

    Reporting by Rami Ayyub and Jonathan Stempel; editing by Noeleen Walder and Jonathan Oatis

    Our Standards: The Thomson Reuters Trust Principles.

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  • EXCLUSIVE Russian software disguised as American finds its way into U.S. Army, CDC apps

    EXCLUSIVE Russian software disguised as American finds its way into U.S. Army, CDC apps

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    LONDON/WASHINGTON, Nov 14 (Reuters) – Thousands of smartphone applications in Apple (AAPL.O) and Google’s (GOOGL.O) online stores contain computer code developed by a technology company, Pushwoosh, that presents itself as based in the United States, but is actually Russian, Reuters has found.

    The Centers for Disease Control and Prevention (CDC), the United States’ main agency for fighting major health threats, said it had been deceived into believing Pushwoosh was based in the U.S. capital. After learning about its Russian roots from Reuters, it removed Pushwoosh software from seven public-facing apps, citing security concerns.

    The U.S. Army said it had removed an app containing Pushwoosh code in March because of the same concerns. That app was used by soldiers at one of the country’s main combat training bases.

    According to company documents publicly filed in Russia and reviewed by Reuters, Pushwoosh is headquartered in the Siberian town of Novosibirsk, where it is registered as a software company that also carries out data processing. It employs around 40 people and reported revenue of 143,270,000 rubles ($2.4 mln) last year. Pushwoosh is registered with the Russian government to pay taxes in Russia.

    On social media and in U.S. regulatory filings, however, it presents itself as a U.S. company, based at various times in California, Maryland and Washington, D.C., Reuters found.

    Pushwoosh provides code and data processing support for software developers, enabling them to profile the online activity of smartphone app users and send tailor-made push notifications from Pushwoosh servers.

    On its website, Pushwoosh says it does not collect sensitive information, and Reuters found no evidence Pushwoosh mishandled user data. Russian authorities, however, have compelled local companies to hand over user data to domestic security agencies.

    Pushwoosh’s founder, Max Konev, told Reuters in a September email that the company had not tried to mask its Russian origins. “I am proud to be Russian and I would never hide this.”

    Pushwoosh published a blog post after the Reuters article was issued, which said: “Pushwoosh Inc. is a privately held C-Corp company incorporated under the state laws of Delaware, USA. Pushwoosh Inc. was never owned by any company registered in the Russian Federation.”

    The company also said in the post, “Pushwoosh Inc. used to outsource development parts of the product to the Russian company in Novosibirsk, mentioned in the article. However, in February 2022, Pushwoosh Inc. terminated the contract.”

    After Pushwoosh published its post, Reuters asked Pushwoosh to provide evidence for its assertions, but the news agency’s requests went unanswered.

    Konev said the company “has no connection with the Russian government of any kind” and stores its data in the United States and Germany.

    Cybersecurity experts said storing data overseas would not prevent Russian intelligence agencies from compelling a Russian firm to cede access to that data, however.

    Russia, whose ties with the West have deteriorated since its takeover of the Crimean Peninsula in 2014 and its invasion of Ukraine this year, is a global leader in hacking and cyber-espionage, spying on foreign governments and industries to seek competitive advantage, according to Western officials.

    Reuters Graphics

    HUGE DATABASE

    Pushwoosh code was installed in the apps of a wide array of international companies, influential non-profits and government agencies from global consumer goods company Unilever Plc (ULVR.L) and the Union of European Football Associations (UEFA) to the politically powerful U.S. gun lobby, the National Rifle Association (NRA), and Britain’s Labour Party.

    Pushwoosh’s business with U.S. government agencies and private companies could violate contracting and U.S. Federal Trade Commission (FTC) laws or trigger sanctions, 10 legal experts told Reuters. The FBI, U.S. Treasury and the FTC declined to comment.

    Jessica Rich, former director of the FTC’s Bureau of Consumer Protection, said “this type of case falls right within the authority of the FTC,” which cracks down on unfair or deceptive practices affecting U.S. consumers.

    Washington could choose to impose sanctions on Pushwoosh and has broad authority to do so, sanctions experts said, including possibly through a 2021 executive order that gives the United States the ability to target Russia’s technology sector over malicious cyber activity.

    Pushwoosh code has been embedded into almost 8,000 apps in the Google and Apple app stores, according to Appfigures, an app intelligence website. Pushwoosh’s website says it has more than 2.3 billion devices listed in its database.

    “Pushwoosh collects user data including precise geolocation, on sensitive and governmental apps, which could allow for invasive tracking at scale,” said Jerome Dangu, co-founder of Confiant, a firm that tracks misuse of data collected in online advertising supply chains.

    “We haven’t found any clear sign of deceptive or malicious intent in Pushwoosh’s activity, which certainly doesn’t diminish the risk of having app data leaking to Russia,” he added.

    Google said privacy was a “huge focus” for the company but did not respond to requests for comment about Pushwoosh. Apple said it takes user trust and safety seriously but similarly declined to answer questions.

    Keir Giles, a Russia expert at London think tank Chatham House, said despite international sanctions on Russia, a “substantial number” of Russian companies were still trading abroad and collecting people’s personal data.

    Given Russia’s domestic security laws, “it shouldn’t be a surprise that with or without direct links to Russian state espionage campaigns, firms that handle data will be keen to play down their Russian roots,” he said.

    ‘SECURITY ISSUES’

    After Reuters raised Pushwoosh’s Russian links with the CDC, the health agency removed the code from its apps because “the company presents a potential security concern,” spokesperson Kristen Nordlund said.

    “CDC believed Pushwoosh was a company based in the Washington, D.C. area,” Nordlund said in a statement. The belief was based on “representations” made by the company, she said, without elaborating.

    The CDC apps that contained Pushwoosh code included the agency’s main app and others set up to share information on a wide range of health concerns. One was for doctors treating sexually transmitted diseases. While the CDC also used the company’s notifications for health matters such as COVID, the agency said it “did not share user data with Pushwoosh.”

    The Army told Reuters it removed an app containing Pushwoosh in March, citing “security issues.” It did not say how widely the app, which was an information portal for use at its National Training Center (NTC) in California, had been used by troops.

    The NTC is a major battle training center in the Mojave Desert for pre-deployment soldiers, meaning a data breach there could reveal upcoming overseas troop movements.

    U.S. Army spokesperson Bryce Dubee said the Army had suffered no “operational loss of data,” adding that the app did not connect to the Army network.

    Some large companies and organizations including UEFA and Unilever said third parties set up the apps for them, or they thought they were hiring a U.S. company.

    “We don’t have a direct relationship with Pushwoosh,” Unilever said in a statement, adding that Pushwoosh was removed from one of its apps “some time ago.”

    UEFA said its contract with Pushwoosh was “with a U.S. company.” UEFA declined to say if it knew of Pushwoosh’s Russian ties but said it was reviewing its relationship with the company after being contacted by Reuters.

    The NRA said its contract with the company ended last year, and it was “not aware of any issues.”

    Britain’s Labour Party did not respond to requests for comment.

    “The data Pushwoosh collects is similar to data that could be collected by Facebook, Google or Amazon, but the difference is that all the Pushwoosh data in the U.S. is sent to servers controlled by a company (Pushwoosh) in Russia,” said Zach Edwards, a security researcher, who first spotted the prevalence of Pushwoosh code while working for Internet Safety Labs, a nonprofit organization.

    Roskomnadzor, Russia’s state communications regulator, did not respond to a request from Reuters for comment.

    FAKE ADDRESS, FAKE PROFILES

    In U.S. regulatory filings and on social media, Pushwoosh never mentions its Russian links. The company lists “Washington, D.C.” as its location on Twitter and claims its office address as a house in the suburb of Kensington, Maryland, according to its latest U.S. corporation filings submitted to Delaware’s secretary of state. It also lists the Maryland address on its Facebook and LinkedIn profiles.

    The Kensington house is the home of a Russian friend of Konev’s who spoke to a Reuters journalist on condition of anonymity. He said he had nothing to do with Pushwoosh and had only agreed to allow Konev to use his address to receive mail.

    Konev said Pushwoosh had begun using the Maryland address to “receive business correspondence” during the coronavirus pandemic.

    He said he now operates Pushwoosh from Thailand but provided no evidence that it is registered there. Reuters could not find a company by that name in the Thai company registry.

    Pushwoosh never mentioned it was Russian-based in eight annual filings in the U.S. state of Delaware, where it is registered, an omission which could violate state law.

    Instead, Pushwoosh listed an address in Union City, California as its principal place of business from 2014 to 2016. That address does not exist, according to Union City officials.

    Pushwoosh used LinkedIn accounts purportedly belonging to two Washington, D.C.-based executives named Mary Brown and Noah O’Shea to solicit sales. But neither Brown nor O’Shea are real people, Reuters found.

    The one belonging to Brown was actually of an Austria-based dance teacher, taken by a photographer in Moscow, who told Reuters she had no idea how it ended up on the site.

    Konev acknowledged the accounts were not genuine. He said Pushwoosh hired a marketing agency in 2018 to create them in an attempt to use social media to sell Pushwoosh, not to mask the company’s Russian origins.

    LinkedIn said it had removed the accounts after being alerted by Reuters.

    Reporting by James Pearson in London and Marisa Taylor in Washington
    Additional reporting by Chris Bing in Washington, editing by Chris Sanders and Ross Colvin

    Our Standards: The Thomson Reuters Trust Principles.

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  • Ex-Giuliani associate Parnas found guilty of violating U.S. campaign finance law

    Ex-Giuliani associate Parnas found guilty of violating U.S. campaign finance law

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    NEW YORK, Oct 22 (Reuters) – Lev Parnas, a onetime associate of Donald Trump’s former personal lawyer Rudy Giuliani, was found guilty on Friday of violating U.S. campaign finance laws during the 2018 elections.

    Parnas, a Ukraine-born American businessman, and his former associate Igor Fruman had been accused of soliciting funds from Russian businessman Andrey Muraviev to donate to candidates in states where the group was seeking licenses to operate cannabis businesses in 2018.

    Parnas also concealed that he and Fruman, who pleaded guilty in September, were the true source of a donation to a group supporting Republican then-President Trump, prosecutors said. Giuliani’s attorney has said the Parnas case is separate from a probe into whether violated lobbying laws while representing Trump.

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    Giuliani, a U.S. prosecutor in the 1980s before he was elected New York’s mayor in 1994, has not been charged with any crimes and denies wrongdoing.

    Parnas was found guilty on all six counts of federal election law violations that he faced, which included illegally helping a foreigner contribute to a U.S. election campaign, making contributions in the names of others, and lying to the Federal Elections Commission (FEC).

    Andrey Kukushkin, a Muraviev associate and California resident who was tried alongside Parnas, was found guilty on Friday of two counts of campaign finance violations. Kukushkin is also a Ukraine native.

    The trial in U.S. District Court in Manhattan has drawn attention because of the role Parnas and Belarus-born U.S. citizen Fruman played in helping Giuliani, who was Trump’s personal attorney while he held office, to investigate Democrat Joe Biden during the 2020 presidential campaign. Biden won the election, denying Trump a second term.

    Parnas, dressed in a blue suit, stared straight at the jury as the verdict was read. Kukushkin, wearing a grey sweater, shook his head after he was pronounced guilty on the second count.

    “I’ve never hid from nobody,” Parnas said as he left court wearing a black “Combat COVID” mask. “I’ve always stood and tried to tell the truth.”

    His attorney Joseph Bondy said they would be filing a motion to vacate the verdict “in the interest of justice.”

    “It’s obviously a very difficult time for Mr. Parnas and his wife and his children,” Bondy said.

    U.S. District Judge J. Paul Oetken denied a request from prosecutors to detain Parnas and Kukushkin. “The defendants have sufficiently established that they’re not a risk of flight,” Oetken said after the jury left.

    Oetken set a sentencing date of Feb. 16 for Kukushkin. He did not set a sentencing date for Parnas, who faces another possible trial on separate fraud charges.

    ‘IN WELL OVER HIS HEAD’

    The case provided a glimpse into the inner workings of political fundraising in the United States.

    “You saw the wires from Muraviev,” Assistant U.S Attorney Hagan Scotten told the jury during closing arguments on Thursday. “You saw how that money came out on the other side, finding its way into American elections, where the defendants thought they had bought influence to further their business.”

    Parnas’ defense lawyers countered that Muraviev’s funds went toward business investments, not campaign contributions, and that the donation to the pro-Trump group was from a company founded by Parnas and broke no laws.

    In his closing statement Parnas attorney Bondy characterized his client as a passionate proponent of marijuana legalization who was “in well over his head.” He argued that Muraviev’s money funded business operations, not campaign contributions.

    Deliberations in the trial began on Friday morning and lasted about five hours.

    Fruman, who lives in Florida, pleaded guilty to one count of soliciting campaign contributions from a foreign national. His sentencing is scheduled for Jan. 21.

    Parnas and Kukushkin had faced two counts of conspiring to make donations from a foreign national, and making the donations. Parnas had also been charged with four other counts, including making false statements to the Federal Elections Commission.

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    Reporting by Tom Hals in Wilmington, Delaware; Editing by Franklin Paul, Grant McCool and Jonathan Oatis

    Our Standards: The Thomson Reuters Trust Principles.

    Jody Godoy

    Thomson Reuters

    Jody Godoy reports on banking and securities law. Reach her at jody.godoy@thomsonreuters.com

    Luc Cohen

    Thomson Reuters

    Reports on the New York federal courts. Previously worked as a correspondent in Venezuela and Argentina.

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